Subpoenas Just What The Doctor Ordered.

A physician with board certification in addiction medicine reviewed prescriptions issued by a California doctor.  As a result of that review, the medical board issued subpoenas to a doctor for medical records of ten patients. The doctor refused to comply, so the medical board petitioned the superior court to compel the doctor to comply.  The superior court ordered compliance, despite the doctor’s many arguments, one of which is that the subpoenas were illegal because they were not supported by written patient releases. Noting that given the reviewing doctor’s “training, education, and experience, the trial court did not abuse its discretion in relying on his expert opinion that there were significant irregularities,” the appellate court affirmed the order granting the petition. (Whitney v. Montegut  (Cal. App. Second Dist., Div. 5; January 6, 2014) (As mod. January 21, 2014) 222 Cal.App.4th 906, [166 Cal.Rptr.3d 455].)